Event and Time
Event Description
The proceedings arise from a family law property application following allegations of family violence between the parties, Ms. Carano ('the Wife') and Mr. Carano ('the Husband'). At the time of the hearing, the Wife has recently become unrepresented and requests legal aid assistance. The court discusses the applicability of section 102NA of the Family Law Act 1975 (Cth), which regulates cross-examination in cases involving allegations of family violence.
Application and Claims
- Wife's Claim: Seeks legal aid assistance due to recent unrepresentation and the need for protection under section 102NA for her cross-examination in light of family violence allegations.
- Husband's Claim: While appearing to have similar allegations against the Wife, specific claims regarding property or further legal representation are not detailed in the provided text.
Judicial Decisions
The court declared:
- Neither party may personally cross-examine the other under section 102NA(2) of the Family Law Act.
- The Wife is to apply for legal aid under the Commonwealth Family Violence and Cross Examination of Parties Scheme.
- The Wife must provide a list of property she seeks by December 7, 2023.
- Extensions were granted for final hearings and lawyers to confer.
Dispute Points and Legal Basis
Dispute Points
- Claims: Each party alleges suffering violence at the hands of the other and has previously sought intervention orders.
- Arguments:
- Wife: Asserts the need for legal representation due to her unrepresented status and the allegations of family violence, thus activating protections under section 102NA. - Husband: Although allegations of violence exist, his specific claims are not extensively documented in the judgment; however, his position aligns with section 102NA not being disputed.